Environmental Management and Coordination Act (EMCA) 1999

Under Kenya’s Environmental Management and Coordination Act (EMCA) 1999, an Environmental Impact Assessment (EIA), outlining the likely environmental implications a project may have, must be conducted and submitted to the authorities, before oil exploration can take place.[1] The EMCA legislation came into effect in 2000.[2] The EMCA stipulates that the cost of carrying out the EIA is to be borne by the proponent of the project.[3] The EMCA states that any member of the public can request to see an EIA, and has the right to submit comments.[4] The authorities have the right to demand further EIAs from the project proponent, and can refuse permission for exploration if they are not satisfied.[5] Furthermore, the authorities have the right to enter any land where exploration is taking place, in order to carry out their own audit or monitoring.[6]